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Supreme Court: Tenancy Is Permission, Not Pathway to Ownership

Nov 17, 2025

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The Supreme Court of India has ruled that a tenant can never become the owner of a rented property, regardless of how long they've been occupying it. This judgment, made on November 6, 2025, in the case of Jyoti Sharma v. Vishnu Goyal, clarifies that tenancy is a permissive occupation and not an adverse one, meaning tenants can't claim ownership through adverse possession.

*Key Points:*

- *Tenancy vs. Ownership*: Long-term possession doesn't convert to ownership; tenants can't claim ownership rights through adverse possession.
- *Permission Matters*: The landlord's permission negates any claim of hostility required for adverse possession.
- *Lawful Transfer*: Ownership rights arise only through lawful transfer, inheritance, or decree, not merely by staying on rent ¹ ².

*Impact:*

- *Landlords' Rights*: This ruling strengthens property owners' rights and provides clarity for tenants.
- *Tenant Eviction*: Tenants may face eviction if they refuse to vacate, and landlords can reclaim property for legitimate needs.
- *Rent Payment*: Tenants are required to pay rent even during disputes; failure to do so can lead to eviction ¹ ³ ⁴.

*Reactions:*

- *Property Owners*: Welcome the decision, citing it as a victory for property rights.
- *Tenant Rights Groups*: Express concerns about potential evictions and impact on poor tenants

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